Western District of New York • 6:26-cv-06211

#1

Feb 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5718909.), filed by JHAMIR HINOUOSA ROSAS. (Attachments: # 1 Exhibit Exh 1 NTA, # 2 Exhibit Exh 2 ROR, # 3 Civil Cover Sheet)(Zaiman, Grace) (Entered: 02/16/2026)

Feb 17, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil opening. (TF)

Feb 17, 2026

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TF)

#2

Feb 19, 2026

TEXT ORDER TO SHOW CAUSE. Petitioner, an "asylum-seeker" from Bolivia, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on February 16, 2026, while being held as a civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). Petitioner seeks, among other things, a writ of habeas corpus requiring that Respondents release him or provide him with a "constitutionally sound" bond hearing. ECF No. 1.28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." Further, in light of the Court's prior orders on this issue, including its decision granting relief in Da Cunha v. Freden et al., 25-CV-6532-MAV, 2025 WL 3280575 (W.D.N.Y. Nov. 25, 2025), Respondents are hereby:ORDERED to show cause within 14 days of the date of this order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary; and it is further, ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, and a copy of this text order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov; and it is furtherORDERED that Petitioner shall have 7 days after service of Respondents' return to file a written response.Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. See Rule 8 of the Rules Governing Section 2254 Proceedings. In that regard, the Court observes that 28 U.S.C. § 2243 provides that "[u]nless the application for the writ and the return present only issues of law, the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained," as "the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter, it is furtherORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted.SO ORDERED. Signed by Hon. Meredith A. Vacca on 02/19/2026. (JCL) Modified on 2/19/2026 to reflect the order requires the Clerk to follow-up. (JCL). Clerk to Follow up (Entered: 02/19/2026)

#3

Feb 19, 2026

PLEASE DISREGARD DOCKET ENTRY No. 3 as it was a duplicate TEXT ORDER TO SHOW CAUSE entered in error. This entry does not affect the TEXT ORDER TO SHOW CAUSE at Docket Entry No. 2, which is still a valid order of the Court. Signed by Hon. Meredith A. Vacca on 02/19/2026. (JCL) Modified docket text on 2/19/2026 (RE). Modified on 3/2/2026 to further clarify the entry (JCL). (Entered: 02/19/2026)

Feb 19, 2026

E-Filing Notification: PLEASE DISREGARD DOCKET ENTRY - 3 TEXT ORDER TO SHOW CAUSE. (RE)

Feb 20, 2026

Clerk emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov (TF)

#4

Mar 03, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Todd Lyons, Tammy Marich, Kristi L. Noem, Philip Rhoney (Khalil, Adam) (Entered: 03/03/2026)

#5

Mar 03, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,,, filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi L. Noem, Philip Rhoney. (Khalil, Adam) (Entered: 03/03/2026)

#6

Mar 03, 2026

REPLY/RESPONSE to re 5 Reply/Response filed by Jhamir Hinouosa Rosas. (Zaiman, Grace) (Entered: 03/03/2026)

#7

Mar 04, 2026

Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi L. Noem, Philip Rhoney with additional ICE documents. (Khalil, Adam) (Entered: 03/04/2026)

#8

Mar 05, 2026

REPLY/RESPONSE to re 7 Letter filed by Jhamir Hinouosa Rosas. (Zaiman, Grace) (Entered: 03/05/2026)

#9

Mar 05, 2026

TEXT ORDER. On February 16, 2026, Petitioner filed verified petition for writ of habeas corpus, arguing, inter alia, that Respondents failure to provide him with a individualized bond hearing constitutes a violation of 8 U.S.C. 1226(a). ECF No. 1.Respondents filed a response on March 3, 2026 conceding that this case shared a common question of law with the Court's decision in Da Cunha v. Freden, No. 25-CV-6532-MAV, 2025 WL 3280575 (W.D.N.Y. Nov. 25, 2025), and that the Court's resolution of the question in Da Cunha controlled the results in the instant case should the Court adhere to its prior reasoning. ECF No. 5. In Da Cunha, the Court considered whether a petitioner who had been present in the country for a period of years and was not actively seeking lawful entry through inspection by an immigration officer was detained under 8 U.S.C. § 1225(b)(2)(A) or 8 U.S.C. § 1226(a). The Court found that the petitioner was detained under 8 U.S.C. § 1226(a) and was therefore entitled to an initial bond hearing under existing federal regulations. Da Cunha, 2025 WL 3280575 at *7.As noted, Respondents concede that the facts of this case squarely implicate a legal issue that this Court has ruled on previously. ECF No. 5. The Court therefore finds that its reasoning in Da Cunha applies to the instant matter, and that the statutory basis for Petitioner's detention is 8 U.S.C. § 1226(a). Accordingly, Petitioner's petition for a writ of habeas corpus is GRANTED to the extent that Respondents are hereby ORDERED to provide Petitioner with an initial bond hearing before an Immigration Judge within ten (10) days of the date of this Order.The Petition asks the Court to order that at the bond hearing, the government bear the burden to demonstrate by clear and convincing evidence that Petitioner is a danger to the community or a flight risk. ECF No. 1. However, the Court has made clear in prior cases, including Mahmodi et al v Marich et al, No. 25-CV-6762-MAV, 2026 WL 113473, at *4-9 (W.D.N.Y. Jan. 15, 2026), that a case-specific analysis under the factors identified in Mathews v. Eldridge, 424 U.S. 319 (1976), is required to shift the burden of an initial bond hearing under § 1226(a) on the government. Petitioner made no such argument. See ECF No. 1 Para. 63-64; OBrien, 2025 WL 1519411, at *27. Consequently, the Court directs that the initial bond hearing shall be provided "as established by existing federal regulations." Da Cunha, 2025 WL 3280575, at *7 (quoting Jennings v. Rodriguez, 583 U.S. 281, 306 (2018) (citing 8 C.F.R. §§ 236.1(d)(1), 1236.1(d)(1)).It is further ORDERED that if such bond hearing is not conducted within ten (10) days of the date of this Order, Petitioner shall be released from custody; and it is furtherORDERED that Respondents shall file a status report no later than seventeen (17) days from the date of this order, confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody in compliance with this Order; and it is furtherORDERED that because the instant Order resolves this matter, the Court finds that an evidentiary hearing is not warranted, and the restriction on Petitioner's transfer outside of the United States is hereby lifted.SO ORDERED. Signed by Hon. Meredith A. Vacca on 03/05/2026. (JCL) (Entered: 03/05/2026)

#10

Mar 12, 2026

Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi L. Noem, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 03/12/2026)

#11

Mar 12, 2026

TEXT ORDER: On March 12, 2026, Respondents informed the Court that a bond hearing was held. ECF No. 10 . The Court views the issues raised by petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before Thursday, March 19, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 3/12/2026. (KSP) (Entered: 03/12/2026)